Establishes the agrivoltaics viability pilot program within the farmland viability program to provide grants to identify the best practices and strategies for dual-use solar energy projects that protect soil health during construction and decommissioning of solar arrays, utilize sustainable agricultural production practices, monitor any benefits solar energy may have on farms and to the state, track economic viability, study the commercialization of dual-use solar energy projects, and encourage equitable engagement of stakeholders.
STATE OF NEW YORK
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2299--A
2023-2024 Regular Sessions
IN ASSEMBLY
January 25, 2023
___________
Introduced by M. of A. LUPARDO -- read once and referred to the Commit-
tee on Energy -- committee discharged, bill amended, ordered reprinted
as amended and recommitted to said committee
AN ACT to amend the agriculture and markets law, in relation to estab-
lishing the agrivoltaics viability pilot program
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. The opening paragraph of section 327 of the agriculture and
2 markets law is designated subdivision 1 and a new subdivision 2 is added
3 to read as follows:
4 2. The legislature further finds that as New York progresses to
5 utilizing clean energy the agricultural industry has an opportunity to
6 play a substantial role in environmental conservation while also
7 protecting and maintaining viable farmland through the practice of agri-
8 voltaics. Dual-use solar energy projects have the potential to keep
9 farmland as working agricultural landscapes providing economic benefits
10 to farmers and assisting the state in reaching its climate and environ-
11 mental impact goals. The legislature hereby declares that to progress
12 the initiatives of the farmland viability program, the department shall
13 create an agrivoltaics viability pilot program as part of the farmland
14 viability program.
15 § 2. Section 328 of the agriculture and markets law is amended by
16 adding two new subdivisions 5 and 6 to read as follows:
17 5. "Agrivoltaics" shall mean the simultaneous use of areas of land for
18 both solar power generation and agriculture. For the purposes of this
19 article, agrivoltaics shall be narrowed to the practices of a dual-use
20 solar energy project.
21 6. "Dual-use solar energy project" means a solar installation that
22 integrates solar arrays and farming activity on the same ground. To be
23 considered dual-use, a solar installation cannot displace farming activ-
24 ity; farming activity must be maintained throughout the life of the
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD04208-05-3
A. 2299--A 2
1 solar facility in a manner that is consistent with commercial agricul-
2 tural production as appropriate to the capacity of the land when farmed
3 sustainably. The term "dual-use" refers to a solar installation that:
4 (i) retains or enhances the land's agricultural productivity, both short
5 term and long term; (ii) is built, maintained, and has provisions for
6 decommissioning to protect the land's agricultural resources and utili-
7 ty; and (iii) supports the viability of a farming operation.
8 § 3. Section 329 of the agriculture and markets law is amended by
9 adding a new subdivision 3 to read as follows:
10 3. The commissioner shall initiate and maintain a state agrivoltaics
11 viability pilot program within the department under the farm viability
12 program to progress the goals of the program to ensure farm profitabil-
13 ity and sound environmental management, pursuant to this section. The
14 agrivoltaics viability pilot program shall provide grants to identify
15 the best practices and strategies for dual-use solar energy projects
16 that protect soil health during construction and decommissioning of
17 solar arrays, utilize sustainable agricultural production practices,
18 monitor any benefits solar energy may have on farms and to the state,
19 track economic viability, study the commercialization of dual-use solar
20 energy projects, and encourage equitable engagement of stakeholders.
21 a. The commissioner, in consultation with the office of renewable
22 energy siting and the department of environmental conservation, shall
23 adopt policies and procedures necessary for the implementation of the
24 pilot program, including but not limited to: (i) the process by which a
25 landowner may apply for the approval needed to participate in the pilot
26 program; and (ii) provisions prescribing standards concerning impervious
27 cover which may be permitted in connection with dual-use solar energy
28 projects authorized to be constructed, installed, and operated on farm-
29 land pursuant to this section.
30 b. The office of renewable energy siting shall provide technical
31 assistance and support to the commissioner concerning the promulgation
32 of the pilot program and any grantees on implementing a dual-use solar
33 energy project.
34 c. One year after grants are distributed for the purposes of the pilot
35 program, the commissioner shall report to the governor, the temporary
36 president of the senate and the speaker of the assembly on the agrivol-
37 taics viability pilot program and its results.
38 § 4. Section 330 of the agriculture and markets law is amended by
39 adding a new subdivision 3 to read as follows:
40 3. Grants for the agrivoltaics viability pilot program shall be
41 distributed pursuant to this section as a pilot program under the farm
42 viability program. The agrivoltaics viability pilot program shall be
43 designed to enhance the purpose of the farm viability program.
44 § 5. This act shall take effect six months after it shall have become
45 a law. Effective immediately, the addition, amendment and/or repeal of
46 any rule or regulation necessary for the implementation of this act on
47 its effective date are authorized to be made and completed on or before
48 such effective date.
